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STATES MINUTES 1 4 t h M a y 1 996 P ri c e : £ 1 . 5 0
T HE STATES assembled on Tuesday, 1 4th May 1996 at 9.30 a.m. under
t h e Presidency of the Bailiff ,
P hilip Martin Bailhache , Esquire
_ _ _ _ _ _ ______
His Excellency the Lieutenant Governor,
General Sir Michael Wilkes, K.C.B., C.B.E, w a s p r e sent.
_ _ _ _ _ _ ______
All members were present with the exception of -
J ack Roche, Connétable of St. Saviour - ill C arlyle John Le Herissier Hinault,
C onnétable of St. John - ill
J ohn Nicolle Le Fondré, Deputy of St.
L awrence - ill
P aul Francis Routier, Deputy of St.
H elier - out of the Island
I mogen Stephanie Nicholls, Deputy of
G rouville - out of the Island
J acqueline Jeannette Huet, Deputy of St. H elier - out of the Island.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Interception of Communications (Jersey) Law 1993: Second Report of the Commissioner - R.C. 14
The Bailiff presented to the States the second report of the Commissioner, Mr. Robert Harman, Q.C., made under the Interception of Communications (Jersey) Law 1993.
THE STATES ordered that the said report be printed and distributed.
Education Committee - resignation of member
THE STATES noted the resignation of Deputy Jeremy Laurence Dorey of St. Helier from the Education Committee.
Deputy Dorey made a statement in the following terms -
At the 8th May meeting of the Education
C ommittee, I tried, unsuccessfully, to
p ersuade other Committee members to retract
o ur previous decision concerning staffing
a t d'Hautrée/St. Anne's.
H aving said at the meeting that I would be u nable to give the Committee public support f or their decision, I later telephoned the
P resident, and explained that this was an
i ssue of conscience on which I felt obliged
t o resign from the Committee in order to be f ree to oppose its plans concerning the
s chool. I wrote the same day, both to
D eputy Pullin and to the Greffier of the
S tates, to confirm my decision.
I felt then, and believe now, that the
o bjections voiced by staff at our meeting
w ith them on 1st May were unanswerable. The f ollowing points in particular required
m ore consideration than I believe they
r eceived last Wednesday -
1 . Staff had consistently been promised t h at they would move with what had a l w ays been referred to as the
r e lo cated d'Hautrée School'.
2 . Many staff had worked very hard, well b e y ond the call of duty, to help plan
t h e move. Their hard work should be
r e w arded, not punished.
3 . Other schools have moved to new sites, w it h altered catchment areas -
p a r ticularly the new Janvrin School at
M o nt Cantel - without staff being put
t h ro ugh a similar ordeal.
4 . Staff would naturally be concerned at
t h e risk implicit in a job interview:
I n te rviewing is not an exact science,
a n d mistakes have been known to happen. T h e stress involved for all staff could
n o t possibly be helpful to anyone.
5 . It has been suggested that the
C o m mittee's decision will allow
m o vement within the service, which m ig ht be generally beneficial. But the C o m mittee already has the power to
r e lo cate any teacher within the
s e rv ice, or offer VER/Voluntary
R e d undancy. If there are professional d e v elopment needs among d'Hautrée s ta f f, this could be dealt with by
t h es e methods. There is no need for
s u c h a heavy-handed approach -
e s p ecially when it seems likely to be e x p ensive in terms of interview costs, a n d disruptive to every secondary
s c h ool in the Island.
6 . The Committee have suggested that the i n te rviews will not be entirely open-
m ar ket', since there will be a general
p r e sumption' of existing staff moving
t o t he equivalent post at St. Anne's.
I n t hat case, there can be nothing to
b e g ained from putting 42 staff through t his process, if the vast majority of
t h em will be moving with the school
a n y way.
7 . Major disruption to staff can only be
d a m aging to pupils, who will need every p o s sible chance of continuity when they m o ve to the Mont à l'Abbé site.
8 . The best way of identifying and
a d d ressing any weaknesses at d'Hautrée w il l be from the direct observation of
t h e headteacher. For this reason, it is
p r e ferable that the headteacher
a p p ointment, rather than being a
s e c ondment, should be made as a
p e r manent appointment. This would give c o n tinuity to the school around the
t im e of the move, and avoid the danger
t h at the pupils may in effect have
t h re e different headteachers in as many
y e a rs.
9 . The new buildings will provide better
r e so urced accommodation, but St. Anne's w il l still be an 11-16 school,
p r o viding the same curriculum as other
1 1 - 16 schools: There is no professional
o r e ducational reason why the immediate
s ta f fing needs of St. Anne's should be
d i ff erent from those of d'Hautrée.
1 0. A new start is a wonderful thing, but
n o t at the expense of throwing away
e v e rything of value that already
e x is ts. To try to erase all memories of
d 'H autrée School, and the achievements
o f i ts pupils and staff, is wrong in
p r in ciple, and will be a disaster in
p r a ctice. Lasting, beneficial change is
b r o ught about by evolution, not
r e v olution.
I n s ummary, what the Committee are p r o posing is, quite simply, no way to t re a t decent staff. Set against all the m an y definite disadvantages, there are
o n l y hypothetical benefits - and not
e v e n many of those. The choice
s h o uld be clear.
Matter presented
The following matter was presented to the States -
M anpower report for the period 1st
J uly to 31st December 1995 - R.C.13.
P resented by the Establishment
C ommittee.
T HE STATES ordered that the said report be p rinted and distributed.
Matters lodged
The following matters were lodged au Greffe'' -
L odged on 7th May 1996
1 . Draft Social Security (Amendment
N o . 12) (Jersey) Law 1996 (Appointed D ay ) Act 199 - P.76/96.
P r e sented by the Employment and
S o c ial Security Committee.
2 . Draft Health Insurance
( A m endment No. 10) (Jersey) Law 1996 ( A p pointed Day) Act 199 - P.77/96.
P r e sented by the Employment and
S o c ial Security Committee.
3 . Draft Insular Insurance and
H ea lth Insurance (Investment of Funds) ( J er sey) Act 1972 (Repeal) (Jersey) Act 1 9 9 - P.78/96.
P r e sented by the Finance and
E c o nomics Committee.
Arrangement of public business for the present meeting
THE STATES acceded to the request of the Vice- President of the Planning and Environment Committee that consideration of the following matter set down for debate at the present
meeting be deferred to a later date -
O rillande, La Rue du Mont Capel, St. Ouen : d evelopment in Green Zone - P.59/96.
L odged: 16th April 1996.
P lanning and Environment Committee.
Arrangement of public business for the next meeting on 21st May 1996
THE STATES confirmed that the following matters lodged au Greffe'' would be considered at the meeting on 21st May 1996 -
D raft Drug Trafficking (Miscellaneous P rovisions) (Jersey) Law 199 - P.18/96. L odged: 30th January 1996.
F inance and Economics Committee.
D raft Drug Trafficking
( Miscellaneous Provisions) (Jersey) Law 1 99 (P.18/96): amendment - P.50/96.
F inance and Economics Committee.
D raft Drug Offences (International
C o-operation) (Jersey) Law 199 - P.19/96. L odged: 30th January 1996.
F inance and Economics Committee.
D raft Advocates and Solicitors ( Jersey) Law 199 - P.68/96.
L odged: 30th April 1996.
L egislation Committee.
P rojet de Loi (199 ) sur l'hypothèque d es biens-fonds incorporels - P.70/96. L odged: 30th April 1996.
C omité de Législation.
D raft Social Security (Amendment N o. 12) (Jersey) Law 1996 (Appointed Day) A ct 199 - P.76/96.
L odged: 7th May 1996.
E mployment and Social Security
C ommittee.
D raft Health Insurance (Amendment
N o. 10) (Jersey) Law 1996 (Appointed Day) A ct 199 - P.77/96.
L odged: 7th May 1996.
E mployment and Social Security
C ommittee.
D raft Insular Insurance and
H ealth Insurance (Investment of Funds) ( Jersey) Act 1972 (Repeal) (Jersey) Act 1 99 - P.78/96.
L odged: 7th May 1996.
F inance and Economics
C ommittee.
2 to 10 Halkett Place and 21 and 23 Hill Street, St. Helier - statement
The Vice-President of the Planning and Environment Committee made a statement in the following terms -
At the last States' sitting members
a pproved a proposition of Senator Reginald R obert Jeune referring back my Committee's r eport and proposition (reference P.58/96
r evised), with a request to my Committee to b ring to the House a report on the
e stimated costs and the proposed financing
o f the redevelopment, produced by the
S tates Auditors, Price Waterhouse.
T he terms of reference which have been
a ccepted by my Committee are wide enough to i nclude all the matters raised by members
i n debate as my Committee has taken the
v iew that they should not limit the terms
o f reference in any way. The report will
h elp members of the States to -
1 . understand the basis of the projected c o s ts of the building as set out in the r e p ort to members of the States dated 1 6 t h April 1996;
2 . assess whether the projected cost of t h e building is consistent with the
n a tu re and proposed use of the
b u i lding;
3 . determine whether the proposed
f in a ncing arrangements for the project a r e appropriate;
4 . understand certain perceived
i n co nsistencies between the financial i n fo rmation given to members of the S t a tes in a report to the States dated N o vember 1995 and the financial
i n fo rmation provided in the report
d a te d 16th April 1996.
T his report is also intended to help
m embers of the States to determine in
g eneral terms whether the project provides v alue for money.
D etailed terms of reference for the
p roduction of this report are now presented
t o States members for their information and
m embers will have received a copy of them
t oday set out in a letter from Price
W aterhouse dated 7th May, which has been
a cknowledged and accepted by my Committee.
T his letter sets out the basis of the
a uditors' report on a number of detailed m atters -
( a) the construction cost of the basic b u i lding;
( b) the special fitting out cost to D ep artments' requirements;
( c) the project control;
( d) the funding arrangements.
I n view of the comprehensive nature of
t his report my Committee has been advised b y Price Waterhouse that it will not be
a vailable until Friday, 31st May 1996.
T herefore the earliest date that my
C ommittee could request the States
r ecommence consideration of the matter is 4 th June.
M embers will also recall that during
t he previous debate a number of allegations w ere made about the content of the
s pecification for the redevelopment which h as been issued to contractors currently
t endering for the construction contract.
I can advise the House that these matters
w ill be fully responded to once the tenders h ave been received from the three local
c onstruction companies involved. To do so n ow would prejudice the efforts of these
l ocal businesses, all of whom have incurred t he cost of preparing tenders for this
i mportant project; and I would ask for
m embers' continued co-operation in this
r espect.
O nce the demolition contract is completed t he site will be secured. Very limited
l egal costs have been incurred in respect
o f contractual agreements with the owners
o f adjacent buildings and no further costs w ill be incurred until the States decide on m y Committee's proposition.''
St. Luke's Vicarage, St. Helier : transfer of administration
THE STATES, adopting a proposition of the Housing Committee, approved the transfer of the administration of St. Luke's Vicarage, La Route du Fort, St. Helier , from the Housing Committee to the Education Committee.
Mail house: lease of warehouse accommodation at Beaumont, St. Peter
THE STATES, adopting a proposition of the Committee for Postal Administration -
( a) approved the leasing by the public from t h e Channel Island Co-operative Society L i m ited of the ground floor warehouse
a t B eaumont, St. Peter, for the purpose
o f e stablishing a mail house facility,
f o r a period of five years with effect
f ro m June 1996 at an annual rental of
£5 6 ,000, reduced to £42,000 for the
f ir s t year, the rental to be subject to
r e v iew at the end of the third year of
t h e term and to be increased or
d e c reased to an amount representing the
o p e n market rental value;
( b) authorised the Greffier of the States t o s ign the lease;
( c) authorised the Treasurer of the States t o p ay the rent as it became due. Jersey Airport: lease to Interlock Investments Limited
THE STATES, adopting a proposition of the Harbours and Airport Committee -
( a) approved the lease to Interlock
I n v estments Limited of an area of land
o f f L'Avenue de la Commune, St.
B r e lade, known as the St. Brelade's
G ar age site (Letting Nos. L53, L53A and L 6 5 ) comprising 3,600 square yards for
a p e riod of 21 years commencing 1st
J a n uary 1997, at an annual rent of
£8 0 ,000, subject to triennial review on
1 s t January;
( b) authorised the Attorney General and the G re ffier of the States to pass the
n e c essary contracts on behalf of the
p u b lic; and
( c) authorised the Treasurer of the States t o r eceive the rent as it became due.
Clinical waste incinerator: approval of drawings
THE STATES agreed to defer consideration of the proposition of the Public Services Committee regarding the clinical waste incinerator until
21st May 1996, Senator Stuart Syvret having withdrawn his proposal that the proposition be lodged au Greffe''.
States members' remuneration: review - P.65/96 and P.74/96
THE STATES, having rejected an amendment of Deputy Philip John Rondel of St. John
that in clause (i) of sub-paragraph (b) of the proposition for the figures £14,500 there should be substituted the figures £10,370, adopted a proposition of the House Committee and -
( a) suspended Standing Order No. 44(1); and
( b) referred to their Act dated 24th
S e p tember 1991 regarding the provision
o f a n annual allowance and income
s u p port for States members, and amended p a r agraph (2) of that Act, with effect
f ro m 1st January 1996, on a temporary
b a s is pending the report of an
i n d ependent review body constituted in a c c ordance with sub-paragraph (c), as f o ll ows -
( i) for the amount £10,000'',
su b s t it ute the amount £14,500'';
( ii ) for the amount £5,000'',
su b s t it ute the amount £6,250'';
( c) agreed to appoint, on the
r e co mmendation of the House Committee, a n i ndependent States Members'
R e m uneration Board, comprising the
f o ll owing -
tw o f o rmer States members;
a r e p resentative nominated by the Je r s e y Trades Council;
a r e p re sentative nominated by the C h a m b er of Commerce;
a r e p re sentative nominated by the In s t it u te of Directors (Jersey);
a r e p re sentative nominated by the S ta n d i ng Conference of Women's O r g a n isations;
th r e e m embers of the public not re p r e se nting any particular
o rg a n i sation;
a n d to appoint a Chairman from among t h at number;
( d) approved the terms of reference of the S t a tes Members' Remuneration Board as f o ll ows -
( i) to review the method by which
S ta t e s members should be
re c o m pensed for expenses incurred in c ar r ying out their duties and
m a k e r ecommendations thereon;
( ii ) to review how the principle that n o o n e should be precluded from se r v in g as a member of the States b y r e a son of insufficient income' ca n b e st be achieved bearing in
m i n d t hat the States have decided th a t it may no longer be
p ra c t ic al for some members to fo l lo w a traditional pattern of p ai d em ployment in addition to th e i r S tates work', and to make re c o m mendations thereon;
( ii i) to consider such other matters as th e B o ard considers to be
re l e v a n t and to make
re c o m m e ndations thereon;
( iv ) to report to the House Committee as s o o n as practical.
Members present voted on the amendment as follows -
P o u r '' (5) Connétable s
S t. Mary, St.Brelade, Trinity . Deputies
T rinity, St. John.
C o n tre'' (41) Senators
S henton, Jeune , Horsfall, Rothwell, Le M ain, Le Maistre, Stein, Quérée, Chinn, B ailhache, Syvret.
Connétable s
S t. Clement, St. Lawrence, St. Peter , G rouville, St. Helier , St. Martin, St. O uen.
Deputies
R umboll(H), Wavell(S), Norman(C), St.
P eter, H. Baudains(C), Le Sueur(H), St.
O uen, Coutanche(L), Huelin(B), St. Mary, S . Baudains(H), Le Geyt(S), Walker (H),
C respel(H), Pullin(S), Carter(H), Johns(H), D uhamel(S), Matthews(B), Dorey(H),
L ayzell(B), Breckon(S), St. Martin
.
States members' income supplement: supplementary vote of credit - P.75/96
THE STATES, adopting a proposition of the Finance and Economics Committee, acceded to the request for the following supplementary vote of credit to be voted out of the general reserve -
0 614 H ouse Committee - S t a tes Members' Income S u p plement £81,000.
Matrimonial Causes (Amendment No. 9) (Jersey) Law 199 - P.34/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Matrimonial Causes (Amendment
No. 9) (Jersey) Law 199 .
Misuse of Drugs: strategy and implementation plan - P.51/96
THE STATES, adopting a proposition of the Defence Committee, approved in principle the three year strategy and information plan to
reduce the harm caused by the use of illegal drugs, as detailed in the report Working Together Against Drugs'' dated 28th February 1996 produced by the Presidents' Policy Group on the Misuse of Drugs.
St. Helier Waterfront Plan: leisure pool - P.57/96
THE STATES, adopting a proposition of the Planning and Environment Committee -
( a) referred to their Act dated 10th
N o vember 1992 in which, in pursuance of A rt icle 3 of the Island Planning
( J er sey) Law 1964, they approved Map
N o . 3-92 as the development plan for
t h e St. Helier waterfront area; and
( b) designated under the said Article, 12 v e r gées of land, as shown on drawing N o . 515/1, for leisure and recreation u s e to enable the construction of a
l e is ure pool and associated facilities, p u blic open space and car parking on t h e land.
Belval Farm, La Rue de Fliquet, St.
Martin: development in Green Zone - P.60/96 THE STATES, adopting a proposition of the Planning and Environment Committee, supported that Committee's intention to grant planning permission for the construction of an
agricultural storage building with staff accommodation at Belval Farm, La Rue de Fliquet, St. Martin , as shown on drawing No. 494/1, the land being situated within an area designated as green zone on the Island Map, as amended 1-87.
King's Garden, St. Saviour's Road, St. Helier : purchase of land - P.63/96
THE STATES commenced consideration of a proposition of the Planning and Environment Committee regarding the purchase of land known as King's Garden, St. Saviour's Road, St.
Helier. After discussion Senator Richard Joseph Shenton proposed that the States move to the consideration of the next item on the order paper, which proposition was rejected, less than 20 members voting in support thereof.
THE STATES thereupon referred to their Act dated 10th November 1987, in which they had approved the Town Map as amended 2-87, and in particular the construction of a new road forming part of
the proposed gyratory system in the area of Wellington Road, St. Saviour's Road and Stopford Road; and
( a) approved the purchase on behalf of the
p u b lic from the Jersey Gas Company
L i m ited, for the purpose of
c o n structing the said link road, of
a p p roximately 1,250 square metres of
l a nd , known as King's Garden (as shown
o n drawing No. 488/2) and any interests
f o r the sum of £330,000 (three hundred
a n d thirty thousand pounds) with the
p u b lic being responsible for all
r e as onable legal costs and all agreed
a c c ommodation works; and authorised the G re ffier of the States to sign the said
d r a wing on behalf of the States;
( b) authorised the Attorney General and the G re ffier of the States to pass on
b e h alf of the public any contract which
i t m ight be found necessary to pass in
c o n nexion with the purchase of the said l a nd and all interests therein;
( c) authorised the payment or discharge of t h e expenses incurred in connexion with
t h e purchase of the said land, and of
a l l interests therein, from the
P l a nning and Environment Committee's c a p ital vote of credit - Acquisition
o f L and - Major Reserve' (Vote
N o . C0904).
Motor Traffic (Third-Party Insurance) (Amendment No 10) (Jersey) Law 199 - P.67/96
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Motor Traffic (Third-Party
Insurance) (Amendment No 10) (Jersey) Law 199 .
Draft Licensing (No. 10) (Jersey) Regulations 199 - P.69/96
THE STATES commenced consideration of the draft Licensing (No. 10) (Jersey) Regulations 199 and adopted the Preamble.
Regulations 1 and 2 were adopted.
Regulation 3 was rejected, after the States had accepted an amendment of the Tourism Committee that in sub-paragraph (a) of paragraph (3) of
the substituted Article 40, for the words
between 09.00 hours and 23.00 hours when those premises are open for business'' there should be substituted the words whenever intoxicating liquor is sold to persons who are not taking a
meal on the premises''.
Regulation 4 was rejected.
Regulations 5, 6, 7, 8, 9 and 10 were adopted.
The Bill was adopted, as amended, in Second Reading and lodged au Greffe'' (P.79/96).
States meeting 4th June 1996
THE STATES decided not to meet on Tuesday, 4th June 1996.
THE STATES rose at 6 p.m.
G .H .C . C O P P O C K
G re f fi e r o f the States.